Tag Archives: MedPay

Where a defendant insurance company denied a plaintiff’s claim for payment under her optional medical payments coverage, an award of summary judgment for the plaintiff must be affirmed because no double recovery would result. “… When [plaintiff Jennifer] Kirby settled ...

Where a plaintiff requested medical expense benefits under the “medical payments” coverage (MedPay) offered in a standard Massachusetts automobile insurance policy, her request must be granted even though those expenses were covered and paid under the claimant's separate policy of health insurance.

Where a judge dismissed a plaintiff’s complaint which alleged that the defendant insurance company's failure to disburse MedPay benefits to her constituted a breach of contract, a breach of an implied covenant of good faith and fair dealing, and a violation of G.L.c. 93A, §2, the dismissal must be vacated because the insurer has not demonstrated as a matter of law that the plaintiff may not receive MedPay benefits when she already has received medical expense benefits under her policy of health insurance.